[Footnote 22-6: The a.s.sistant Secretary of Defense (Manpower) prepared a monthly compilation of all discrimination cases in the Department of Defense involving civilian employees. Originally requested by then Vice President Lyndon Johnson in his capacity as chairman of the President"s Committee on Equal Opportunity in Employment in June 1962, the reports were continued after the Gesell Committee disbanded. The report for November 1963, for example, listed 144 cases of "Contractor Complaints" investigated and adjudicated and 159 cases of "In-House Complaints" being processed in the Department of Defense. See Memo, ASD (M) for SA et al., 20 Dec 63, ASD (M) 291.2.]
In the weeks and months following publication of the equal opportunity directive, official replies to the demands and complaints of black servicemen and their allies in the civil rights organizations continued to be carefully circ.u.mscribed. Whatever skepticism such restricted application of the Gesell recommendations may have produced among the civil rights leaders, the department found itself surprisingly free from outside pressure. It was able to set the pace of its own reform and to avoid meanwhile a clash with either (p. 558) reformers or segregationists over major civil rights issues of the day.
_Creating a Civil Rights Apparatus_
The Defense Department could do little about discrimination either on or off the military reservation until it was better organized for the task. The secretary needed new bureaucratic tools with which to develop new civil rights procedures, unite the disparate service programs, and doc.u.ment whatever failures might occur. He created a civil rights secretariat, a.s.signing to his manpower a.s.sistant, Norman S. Paul,[22-7] the responsibility for promoting equal opportunity in the armed forces. Although racial affairs had always been considered among the manpower secretary"s general duties, with precedents reaching back through the Personnel Policy Board to World War II when a.s.sistant Secretary of War John J. McCloy supervised the employment of black troops, McNamara now significantly increased these responsibilities. The a.s.sistant secretary would represent him "in civil rights matters," would direct the department"s equal opportunity programs, and would provide policy guidance for the military departments, reviewing their policies, regulations, instructions, and manuals and monitoring their performance.[22-8] To carry out these functions, the Secretary of Defense authorized his a.s.sistant to create a deputy a.s.sistant secretary for civil rights.[22-9] Again a precedent existed for the secretary"s move. In January 1963 Paul had a.s.signed an a.s.sistant to coordinate the department"s racial activities.[22-10] The reorganization transferred the person and duties of the secretary"s civilian aide, James C. Evans, to the Office of the Deputy a.s.sistant Secretary for Civil Rights. The new organization was thus provided with a pedigree traceable to World War I and the work of Emmett J.
Scott,[22-11] although Evans" move to the deputy"s staff was the only connection between Scott and that office. The civilian aides, limited by the traditionally indifferent att.i.tudes of the services toward equal opportunity programs, had been used to advise civilian officials on complaints from the black community, especially black servicemen, and to rationalize service policies for civil rights organizations.
The new civil rights office, reflecting McNamara"s positive intentions, was organized to monitor and instruct military departments.
[Footnote 22-7: Norman S. Paul succeeded Carlisle Runge as a.s.sistant Secretary of Defense (Manpower) on 8 August 1962.]
[Footnote 22-8: DOD Dir 5120.36, 26 Jul 63. For an extended discussion of the functions of the a.s.sistant Secretary of Defense (Manpower) and his civil rights deputy, see Memo, DASD (CR) for Mr.
Paul, 21 Sep 65, sub: Policy Formulation, Planning and Action in the Office of the Deputy a.s.sistant Secretary of Defense (Civil Rights), 26 July 1963-26 September 1965, ASD (M) 291.2. This significant doc.u.ment, a progress report on civil rights in the first two years of McNamara"s new program, is an important source for much of the following discussion and will be referred to hereafter as Paul Memo.]
[Footnote 22-9: DOD News Release 1057-63, 29 Jul 63.]
[Footnote 22-10: Memo, ASD (M) for DASD (Education) et al., 23 Jan 63, sub: Coordination of All Matters Related to Racial Problems, ASD (M) 291.2.]
[Footnote 22-11: Evans" predecessors included Emmett J. Scott, Special a.s.sistant to the Secretary of War, 1917-19; William H. Hastie, Civilian Aide to the Secretary of War, 1940-43; Truman K. Gibson, 1944-46; and Marcus H. Ray, 1946-47. Evans left Army employ to join the staff of the Secretary of Defense in 1947. See Memo for Rcd, Counselor to ASD (M), 1 Mar 62, ASD (M) 291.2.]
The civil rights deputy was a relatively powerless bureaucrat. (p. 559) He might investigate discrimination and isolate its causes, but he enjoyed no independent power to reform service practices. His substantive dealings with the services had to be staffed through his superior, the a.s.sistant Secretary for Manpower, a man to whom equal opportunity was but one of many problems and who might well question new or aggressive civil rights tactics. Such an att.i.tude was understandable in an official with little or no experience in civil rights matters and no day-to-day contact with civil rights operations.
Norman Paul, whose experience was in legislative liaison, might also be especially sensitive to the possibility of congressional or public criticism.[22-12] Indicative of the a.s.sistant secretary"s att.i.tude toward his civil rights deputy was the fact that the position was reorganized and ret.i.tled, with some significant corresponding changes in function each time, a bewildering five times in ten years.[22-13]
To add to the problems of the civil rights office, nine different men were to occupy the deputy"s position, three of them in the capacity of acting deputy, in that same decade.[22-14]
[Footnote 22-12: Before a.s.suming the manpower position, Norman Paul was the chief of legislative liaison for the Department of Defense. For a critique of the work of the ASD (M) inc.u.mbents in the racial field, see O"Brien"s interview with Gilpatric, 5 May 70, J. F. Kennedy Library.]
[Footnote 22-13: For a discussion of the effect of the proliferation of a.s.sistants in the manpower office, see USAF oral history interview with Evans, 24 Apr 73.]
[Footnote 22-14: The inc.u.mbents were Alfred B. Fitt, Stephen N. Shulman, Jack Moskowitz, L. Howard Bennett (acting), Frank W. Render II, Donald L.
Miller, Curtis R. Smothers (acting), Stuart Broad (acting), and H. Minton Francis.]
The organization of the equal opportunity program of the Secretary of Defense was not without its critics. Some wanted to enhance the prestige of the equal opportunity program by creating a separate a.s.sistant secretary for civil rights.[22-15] Such an official, accountable to the Secretary of Defense alone, would be free to direct the services" racial activities and, they agreed, would also serve as a highly visible symbol to servicemen and civil rights advocates alike of the department"s determination to execute its new policy. Others, however, defended the existing organization, arguing that racial discrimination was a manpower problem, and the number of a.s.sistant secretaries was fixed by law and the chance of congressional approval for yet another manpower position was remote.[22-16]
[Footnote 22-15: This solution was still being recommended a decade later; see Department of Defense, "Report of the Task Force on the Administration of Military Justice in the Armed Forces," 30 Nov 72, vol. I, pp. 51, 112. See also Interv, author with L. Howard Bennett (former DASD [CR]), 13 Dec 73, CMH files.]
[Footnote 22-16: Interv, author with Col George R. H.
Johnson, Deputy, Plans and Policy, DASD (Equal Opportunity), 9 Aug 73, CMH files.]
These organizational problems had yet to appear in July 1963 when at Yarmolinsky"s suggestion Secretary McNamara appointed Alfred B. Fitt the first civil rights deputy. Since 1961 the Army"s Deputy Under Secretary for Manpower, Fitt had recently been on loan to the Office of the Secretary of Defense to coordinate the department"s responses to the Gesell Committee. He was the author of the equal opportunity directive signed by McNamara, and his personal views on the subject, while consistent with those of Yarmolinsky and McNamara, were often expressed in more advanced terms. Going beyond the usual arguments for equal treatment based on morale and military efficiency, Fitt (p. 560) referred to the black servicemen"s struggle as a moral issue. He was glad, he later confessed, to be on the right side of such an issue, and he felt indebted to the positive racial policies of Kennedy and Johnson and their Secretary of Defense.[22-17] He quickly gathered around him a staff of like-minded experts who proceeded to their first task, a review of the services" outline plans called for in the secretary"s directive.[22-18]
[Footnote 22-17: Ltr, DASD (CR) to Gesell, 28 Jul 64, Gesell Collection, J. F. Kennedy Library.]
[Footnote 22-18: Interv, author with Jordan, 7 Jun 72.]
[Ill.u.s.tration: ARRIVING IN VIETNAM. _101st Airborne Division troops aboard the USNS General Le Roy Eltinge._]
Although merely outlines of proposed service programs, the three plans submitted in July and August nevertheless reflected the emphasis on off-base discrimination preached by the Gesell Committee and endorsed by the Secretary of Defense.[22-19] The plans also revealed the services" essential satisfaction with their current on-base programs, although each outlined further reforms within the military community.
The Navy, for example, announced reforms in recruitment methods, and the Army planned the development of more racially equitable training programs and job a.s.signments. All three services discussed new (p. 561) provisions for monitoring their equal opportunity programs, with the Army including explicit provisions for the processing of servicemen"s racial complaints. And to insure the coordination of equal opportunity matters in future staff decisions, each service also announced (the Navy in a separate staff action) the formation of an equal opportunity organization in its military staff: an Equal Rights Branch in the office of the Army"s Deputy Chief of Staff for Personnel, an Equal Opportunity Group in the Air Force"s Directorate of Personnel Planning to work in conjunction with its Secretary"s Committee on Equal Opportunity, and an Ad Hoc Committee in the Navy"s Bureau of Personnel.
[Footnote 22-19: Memos: Dep to SecAF for Manpower, Personnel, and Organization for ASD (M), 15 Aug 63, sub: Implementation of DOD Directive 5120.36; SA for ASD (M), 15 Aug 63, sub: Equal Opportunity in the Armed Forces; Under SecNav for ASD (M), 15 Aug 63, sub: Outline Plan for Implementing Department of Defense Directive 5120.36, "Equal Opportunity in the Armed Forces," dated 26 Jul 63. All in ASD (M) 291.2.]
The outline plans revealed that the services entertained differing interpretations of the McNamara call for command responsibility in equal opportunity matters. The Gesell Committee had considered this responsibility of fundamental importance and wanted the local commander held accountable and his activities in this area made part of his performance rating. There was some disagreement among manpower experts on this point. How, one critic asked, could the services set up standards against which a commander"s performance might be fairly judged? How could they insure that an overzealous commander might not, in the interest of a higher efficiency report, upset anti-discrimination programs that called for subtle negotiation?[22-20]
But to Chairman Gesell the equal opportunity situation demanded action, and how could this demand be better impressed on the commander than by the knowledge that his performance was being measured?[22-21]
The point of this argument, which the committee accepted, was that unless personal responsibility was fixed, policies and directives on equal opportunity were just so much rhetoric.
[Footnote 22-20: Interv, author with Davenport, 2 Aug 73, CMH files.]
[Footnote 22-21: Interv, author with Gesell, 13 May 72.]
Only the Army"s outline plan explicitly adopted the committee"s controversial recommendation that "the effective performance of commanders in this area will be considered along with other responsibilities in determining his overall manner of duty performance." The Navy equivocated. Commanders would "monitor continually racial matters with a goal toward improvement." The Inspectors General of the Navy and Marine Corps were "instructed to appraise" all command procedures. The Air Force expected base base commanders to concern themselves with the welfare nondiscriminatory treatment of its servicemen when they were away from the base, but it left them considerable freedom in the matter. "The military mission is predominant," the Air Force announced, and the local commander must be given wide lat.i.tude in dealing with discrimination cases since "each community presented a different situation for which local solutions must be developed."
The decision by the Navy and Air Force to exempt commanders from explicit responsibility in equal opportunity matters came after some six months of soul-searching. Under Secretary of the Navy Fay agreed with his superior that the Navy"s equal opportunity "image" suffered in comparison to the other services and the percentage of Negroes in the Navy and Marine Corps left much to be desired. But when (p. 562) ordered by Secretary Fred Korth to develop a realistic approach to equal opportunity in consultation with the Gesell Committee, Fay"s response tended to ignore service shortcomings and, most significantly, failed to fix responsibility for equal opportunity matters. He proposed to revise Navy instructions to provide for increased liaison between local commanders and community leaders and monitor civil rights cases involving naval personnel, but his response neither discussed new ways to increase job opportunities for Negroes nor mentioned making equal opportunity performance a part of the military efficiency rating system.[22-22] His elaborate provisions for monitoring and reporting notwithstanding, his efforts appeared primarily cosmetic.
[Footnote 22-22: Memo, Under SecNav for SecNav, 7 Feb 63, sub: Equal Opportunity in the Navy and Marine Corps, SecNav file 5420, GenRecsNav.]
[Ill.u.s.tration: DIGGING IN. _Men of M Company, 7th Marines, construct a defense bunker during "Operation Desoto," Vietnam._]
Undoubtedly, the Navy"s image in the black community needed some refurbishing. Despite substantial changes in the racial composition of the Steward"s Branch in recent years, Negroes continued to avoid naval service, as a special Navy investigation later found, because "they have little desire to become stewards or cooks."[22-23] Fay believed that the shortage of Negroes was part of a general problem shared by all the services. His public relations proposals were designed (p. 563) to overcome the difficulty of attracting volunteers. His recommendations were approved by Secretary Korth in February 1963 and disseminated throughout the Navy and Marine Corps for execution.[22-24] With only minor modification they were also later submitted to the Secretary of Defense as the Navy"s outline plan.
[Footnote 22-23: Memo, David M. Clinard, Spec a.s.st, for SecNav, 11 Oct 63, sub: Interviews With Negro Personnel at Andrews Air Force Base, copy in CMH.]
[Footnote 22-24: SecNav Instruction 5350.2A, 6 Mar 63; Personal Ltr, SecNav to All Flag and General Officers et al., 26 Mar 63, copy in CMH; SecNav Notice 5350, 3 Apr 63; AlNav 28, 6 Sep 63. See also Cmdt, USMC, Report of Progress--Equal Opportunity in the United States Marine Corps (ca. 30 Jun 63), Hist Div HQMC; Memo, Chief, NavPers, for Under SecNav, 20 May 63, sub: Interim Progress Report on Navy Measures..., SecNav file 5420, GenRecsNav.]
Even as Fay settled on these modest changes, signs pointed to the possibility that the department"s military leaders would be amenable to more substantial reform. The Chief of Naval Personnel admitted that the Gesell Committee"s charges against the service were "to some extent" justified and warned naval commanders that if they failed to take a more positive approach to equal opportunity they would be ordered to take actions difficult for both the Navy and the community.
Better "palatable evolutionary progress," he counseled, than "bitter revolutionary change."[22-25]
[Footnote 22-25: Ltr, Chief, NavPers, to CONUS District Cmdrs et al., 22 Apr 63, attached to Memo, Chief, NavPers, for Distribution List, 24 Apr 63, sub: President"s Committee on Equal Opportunity in the Armed Forces, SecNav file 5420, GenRecsNav.]
Air Force officials had also considered the problem of command responsibility in the months before submitting their outline plan. As early as December 1962, Under Secretary Joseph V. Charyk admitted the possibility of confusion over what the policy of base commanders should be concerning off-base segregation. He proposed that the staff consider certain "minimum" actions, including "mandatory evaluation of all officers concerning their knowledge of this program and the extent to which they have complied with the policy of anti-discrimination."[22-26]
Secretary Zuckert discussed Charyk"s proposal with his a.s.sistants on 23 January 1963. It was also considered by McNamara, who then pa.s.sed it to the other services, calling on them to develop similar programs.[22-27] Finally, Air Force officials discussed command responsibility in preparing their critique of Gesell Committee recommendations, and Secretary Zuckert informed a.s.sistant Secretary of Defense Paul that "the responsibility for this [the Air Force"s anti-discrimination] program will be clearly designated down to base level."[22-28] Despite this attention, the subject of specific command responsibility was not clearly delineated in the Air Force"s outline plan.
[Footnote 22-26: Memo, Actg SecAF CofSAF, 8 Dec 62, sub: Anti-Discrimination Policy in the Military Service, SecAF files.]
[Footnote 22-27: Memo, SecDef for SA and Navy, 4 Mar 63, sub: Anti-Discrimination Policy in the Military Service, copy in CMH. McNamara received the Air Force doc.u.ment from Charyk through Yarmolinsky. See Memo, Benjamin Fridge, Spec a.s.st for Manpower and Reserve Forces, for SecAF, 4 Mar 63, sub: Anti-Discrimination Policies; see also Memo, a.s.st Vice CofS, USAF, for SecAF, 26 Feb 63, same sub, 687-63; both in SecAF files.]
[Footnote 22-28: Memo, SecAF for ASD (M), 10 Jul 63, sub: Air Force Response to the Gesell Committee Report, ASD (M) 291.2.]
Paul ignored the critical differences in the services" outline plans when he approved all three without distinction on 13 September.[29]
Alfred Fitt later explained why the Department had not insisted (p. 564) the services adopt the committee"s specific recommendations on command responsibility. Commenting on the committee"s call for the appointment of a special officer at each base to transmit black servicemen"s grievances to base commanders, Fitt acknowledged that most Negroes were reluctant to complain, but said the services were aware of this reluctance and had already devised means to overcome it.
Problems in communication, he pointed out, were leadership problems, and commanders must be left free to find their own method of learning about conditions in their commands. As for the committee"s suggestion that equal opportunity initiatives in the local community be made a consideration in the promotion of the commander, the Defense Department had temporized. Such initiatives, Fitt explained, might be considered part of the commander"s total performance, but it should never be the governing factor in determining advancement.[30]
[Footnote 22-29: Memo, ASD (M) for Under SA et al., 13 Sep 63, sub: DOD Directive 5120.36, 26 Jul 63, Equal Opportunity, ASD (M) 291.2.]
[Footnote 22-30: Alfred B. Fitt, Deputy a.s.sistant Secretary of Defense (Civil Rights), "Remarks Before Civilian Aides Conference of the Secretary of the Army," 6 Mar 64, copy in CMH.]
Yet the principle of command responsibility was not completely ignored, for Paul made his approval of the plans contingent on several additional service actions. Each service had to prepare for commanders an instruction manual dealing with the discharge of their equal opportunity responsibilities, develop an equal opportunity information program for the periodic orientation of all personnel, and inst.i.tute some method of insuring that all new commanders promptly reviewed equal opportunity programs applicable to their commands. The secretary also set deadlines for putting the plans into effect. The preparation of these comprehensive regulations and manuals, however, took much longer than expected, a delay, Fitt admitted, that slowed equal opportunity progress to some extent.[22-31] In fact, it was not until January 1965 that the last of the basic service regulations on equal opportunity was published.[22-32]